Employing foreign nationals in Slovakia: obligations

Employing foreign nationals in Slovakia gives companies access to a wider pool of workers, but it also brings specific obligations. The rules differ depending on whether the person is a citizen of the European Union or a national of a third country. A poorly set-up process can cost a company dearly, not only financially but also in lost trust and time. In this article we summarise what to watch out for so that you avoid penalties and unnecessary complications when filling positions with foreign workers.

EU citizens versus third countries

When employing foreign nationals in Slovakia, the first step is to establish where the employee comes from. Citizens of the European Union, the European Economic Area and Switzerland in most cases have free access to the labour market, much like Slovak citizens. For third-country nationals the process is more complex and requires several permits.

Permits and authorisations for employment

Third-country nationals generally need one of the residence and work authorisations. The type depends on the kind of work, the person’s qualifications and the length of stay.

• temporary residence for the purpose of employment
• confirmation that the vacancy can be filled
• an EU Blue Card for highly qualified positions

The employer’s notification obligations

The employer has several notification obligations towards the authorities. Both the start and the end of a foreign national’s employment must be reported to the competent Labour Office (ÚPSVaR), usually within a set time limit. It is also necessary to keep records and retain copies of the documents proving the right to reside and work.

• report the start and end of a foreign national’s employment
• keep copies of permits and identity documents
• meet the registration obligations towards the insurance institutions

Equal conditions and wages

A foreign national employed in Slovakia is entitled to the same working and pay conditions as domestic employees. Paying them a lower wage merely because of their origin is not permissible. Meeting the minimum wage entitlements and ensuring equal treatment is one of the key conditions of legal employment.

Risks of illegal employment

Employing a foreign national without the necessary permit is considered illegal employment and carries significant penalties. Inspections are carried out by both the Labour Inspectorate (inšpektorát práce) and the foreign police (cudzinecká polícia). It is therefore essential to have all documents in order before the employee starts and to keep track of the validity of permits on an ongoing basis.

Health and social insurance of a foreign national

Just as with domestic employees, a foreign national must be registered with the Social Insurance Agency (Sociálna poisťovňa) and, as a rule, with a health insurance company. For third-country nationals, special health insurance rules sometimes apply depending on the type of residence. It is important to check which system the employee belongs to, so as to avoid double insurance or, conversely, a gap in cover. In the case of posting or cross-border work, rules under which the worker is subject to the legislation of only one state may come into play. This area tends to be complex, so when employing foreign nationals in Slovakia we recommend always checking the insurance regime in advance.

How to handle the administration without errors

As the rules and time limits for employing foreign nationals in Slovakia change relatively often, always check the current conditions before signing the contract. Our payroll and HR specialists will help you set up the registration obligations and correct payroll processing, so that you avoid fines and can be sure that the entire employment relationship with the foreign national complies with the regulations from day one.

Related articles: Employing minors and students, Employment under an agreement vs. permanent employment, Seasonal work: rules and contributions.

Frequently asked questions

Does an EU citizen need a work permit to work in Slovakia?

Citizens of the EU, the EEA and Switzerland in most cases have free access to the labour market and do not need a special work permit. However, the usual registration and record-keeping obligations apply to the employer. Check the current conditions.

What penalties can be imposed for illegally employing a foreign national?

For employing a foreign national without the necessary permit, the employer faces significant fines and other penalties from the Labour Inspectorate and the foreign police. It is therefore necessary to have the documents in order before the employee starts and to keep track of the validity of permits.